This paper analyzes the regulatory framework of the Act on the Promotion of Fishery By-product Recycling, which was enacted to support the sustainable utilization of fishery by-products. The Act exhibits a dualistic structure in which positive (incent...
This paper analyzes the regulatory framework of the Act on the Promotion of Fishery By-product Recycling, which was enacted to support the sustainable utilization of fishery by-products. The Act exhibits a dualistic structure in which positive (incentive-based) and negative (prohibitive) regulations coexist via the combination of policy-promotion measures with punitive provisions. However, owing to its parallel application alongside existing environmental laws such as the Waste Management Act and the Water Environment Conservation Act, the system lacks legal coherence and presents frequent administrative conflicts. Through clause-level classification of regulatory types, identification of regulatory checkpoints throughout the recycling process, and comparative analysis of domestic and international legal frameworks, this study examines the systemic inconsistencies and dualities embedded in the current legal regime. Based on the findings obtained, these study proposes several improvements, including the establishment of a unified resource-centered legal system, clarification of regulatory categories, implementation of stage-specific differentiated regulations, and refinement of a certification system for resource recovery.